- Statutory Instrument 1998 No. 1071 (N.I. 6)
The Family Homes and Domestic Violence (Northern Ireland) Order 1998
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| Made | 22nd April 1998 | ||
| Coming into operation on days to be appointed under Article 1(2) | |||
| 1. | Title and commencement. |
| 2. | Interpretation. |
| 3. | Meaning of "cohabitees", "relevant child" and "associated persons". |
| 4. | Rights concerning matrimonial home where one spouse has no estate, etc. |
| 5. | Effect of matrimonial home rights as charge on dwelling-house. |
| 6. | Registration, etc. of matrimonial charge. |
| 7. | Restriction on registration where spouse entitled to more than one matrimonial charge. |
| 8. | Cancellation of registration of matrimonial charge before completion of disposal of dwelling-house. |
| 9. | Cancellation of registration after termination of marriage, etc. |
| 10. | Release of matrimonial home rights and postponement of priority of matrimonial charge. |
| 11. | Occupation orders where applicant has estate, etc. or has matrimonial home rights. |
| 12. | Effect of order under Article 11 where rights are a charge on dwelling-house. |
| 13. | One former spouse with no existing right to occupy. |
| 14. | One cohabitee or former cohabitee with no existing right to occupy. |
| 15. | Neither spouse entitled to occupy. |
| 16. | Neither cohabitee nor former cohabitee entitled to occupy. |
| 17. | Supplementary provisions. |
| 18. | Additional provisions that may be included in occupation orders. |
| 19. | Additional considerations if parties are cohabitees or former cohabitees. |
| 20. | Non-molestation orders. |
| 21. | Leave of court required for applications by children under 16. |
| 22. | Evidence of agreement to marry. |
| 23. | Ex parte orders. |
| 24. | Variation and discharge of orders. |
| 25. | Offences. |
| 26. | Power of arrest without warrant. |
| 27. | Further powers of court of summary jurisdiction. |
| 28. | Residence and contact orders. |
| 29. | Interim care orders and emergency protection orders. |
| 30. | Transfer of certain tenancies. |
| 31. | Dwelling-house subject to mortgage. |
| 32. | Actions by mortgagees: joining connected persons as parties. |
| 33. | Actions by mortgagees: service of notice on certain persons. |
| 34. | Jurisdiction of courts and procedure. |
| 35. | Provision for third parties to act on behalf of victims of domestic violence. |
| 36. | Provision for separate representation for children. |
| 37. | Contempt proceedings. |
| 38. | Courts of summary jurisdiction. |
| 39. | Appeals. |
| 40. | Orders and regulations. |
| 41. | Amendments, saving and transitional provisions, and repeals. |
| SCHEDULE 1 |
Provisions consequential on order operating to restrain dispositions. |
| SCHEDULE 2 |
Transfer of certain tenancies on divorce etc. or on separation of cohabitees. | ||
| Part I - General. |
| Part II - Orders that may be made. |
|
Part III - Supplementary provisions. |
| SCHEDULE 3 | Amendments. |
| SCHEDULE 4 | Saving and transitional provisions. |
| SCHEDULE 5 | Repeals. |
| Explanatory Note | ||
